HomeMy WebLinkAboutPC 2006-04 (2)PLANNING COMMISSION
RESOLUTION NO. 2006-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR RECOMMENDING APPROVAL OF HILLSIDE
MANAGEMENT CONDITIONAL USE PERMIT NO. 2002-01,
VARIANCE NO. 2005-03 AND TREE PERMIT NO. 2005-10 FOR
TENTATIVE TRACT MAP NO. 53430, A 48 LOT RESIDENTIAL
SUBDIVISION FOR THE EVENTUAL DEVELOPMENT OF 48
SINGLE-FAMILY CUSTOM HOMES, THE CONSTRUCTION OR
RETAINING WALLS THAT EXCEED SIX FEET IN EXPOSED
HEIGHT AND THE REMOVALIREPLACEMENT OF OAK AND
WALNUT TREES. THE PROJECT SITE IS LOCATED DIRECTLY
SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE
AND WEST OF HORIZON LANE, DIAMOND BAR, CALIFORNIA.
(APN NOS. 8713-023-002, 8713-023, 8713-023-005, 8713-024-001
AND 8713-024-002)
A. RECITALS
1. The property owner/applicant, Millennium Diamond Road Partners, LLC, has
filed an application for Conditional Use Permit No. 2002-01, Variance
No. 2005-03 and Tree Permit No. 2005-10 related to Tentative Tract Map
No. 53430 as described in the title of this Resolution. Hereinafter in this
Resolution, the subject Conditional Use Permit, Variance and Tree Permit
shall be referred to as the "Application."
2. On November 23, 2005, public hearing notices were mailed to approximately
180 property owners of record within a 1,000 -foot radius of the project site.
On November 29, 2005, public hearing notices were posted in three public
places within the City of Diamond Bar and the project site was posted with a
display board. On December 1, 2005, notification of the public hearing for
this project was provided in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers. On November 23, 2005, in accordance to Public
Resource Code, Section 21092.5, agencies responding to the project's
Environmental Impact Report were notified in writing of the December 13,
2005, Planning Commission public hearing.
3. On December 13, 2005, the Planning Commission of the City of Diamond
Bar conducted a duly noticed public hearing on the Application and
continued the public hearing to January 10, 2006.
4. On January 10, 2006, the Planning Commission re -opened the public
hearing and concluded the public hearing on the application.
Planning Commission Resolution No. 2006-04
B. RESOLUTION.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby finds that the project identified above in
this Resolution required an Environmental Impact Report (EIR). EER
No. 2004-01 (SCH No. 200305102) has been prepared according to the
requirements of the California Environmental Quality Act (CEQA) and
guidelines promulgated thereunder. The 45 day public review period for the
EIR began August 20, 2004, and ended October 4, 2004. Furthermore, the
Planning Commission has reviewed the EIR and related documents in
reference to the Application.
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into and
conditioned upon the proposed project set forth in the application, there is no
evidence before this Planning Commission that the project proposed herein
will have the potential of an adverse effect on wild life resources or the
habitat upon which the wildlife depends. Based upon substantial evidence,
this Planning Commission hereby rebuts the presumption of adverse effects
contained in Section 753.5 (d) of Title 14 of the California Code of
Regulations.
4. Based on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to vacant land located directly south of Rocky Trail
Road and Alamo Heights Drive and west of Horizon Lane within a
gated community identified as "The Country Estates" which consists
of large single-family homes. The project site is directly south of
Alamo Heights Drive which would be extended to provide access to
the project site with Rocky Trail Road as a secondary emergency
access.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DUTAC.
(c) The project site is within the Single Family Residence -Minimum Lot
Size 20,000 Square Feet (R-1-20,000) Zone. However, Zone Change
No.2005-03 within Planning Commission Resolution No. 2006-03
2
Planning Commission Resolution No. 2006-04
recommends that the City Council approve the zone change from
R-1-20,000 to Rural Residential (RR) for General Plan compliance.
(d) Generally to the north, south, east and west, the Single Family
Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) and R-
1-40,000 zoning districts surround the project site.
(e) The Application request is to certify the Environmental impact Report;
to subdivide a 80 acres site into 48 parcels with a minimum lot size of
one acre for the eventual development of 48 single-family custom
homes; to change the existing zoning from R-1-20,000 to Rural
Residential (RR); to grade and develop in a hillside area; to allow
retaining walls with an exposed height of more than six feet; and to
remove and replace oak and walnut trees.
Conditional Use Permit/Hillside Management
The Planning Commission shall evaluate a Conditional Use Permit for
hillside development based on the following objectives and required findings:
(f) The preservation of natural topographic features and appearances by
means of landform grading so as to blend man-made or
manufactured slopes into the natural topography.
The proposed map is a 48 lot residential subdivision for the eventual
development of 48 single-family custom homes. The map approval
includes grading the project site in a manner that will create buildable
pads for each lot, Streets "A" and Street `B" within the map
boundaries and the extension of Alamo Heights Drive and Lot A for
open space revegetation and Lot B for sewer lift station. The
proposed project will result in changes in the existing topography of
the project site. Grading will create manufactured slopes at a
2:1 (horizontal to vertica)) ratio utilizing a landform grading technique.
As a result, manufactured slopes will have characteristics resembling
slopes created by nature. Round -off cut edges will be utilized to
conform to the natural grade. Proper transitioning to natural slopes
will be achieved through the use of irregular curvilinear shapes that
will blend into the adjoining topography. Revegetation of the
manufactured slope will be applied in patterns which occur in nature.
Down slope drainage devices will be designed to follow the natural
lines of the landform graded manufactured slopes, or tucked away in
special swale and berm combinations in order to conceal the drains
from view. Therefore, the proposed project will provide the
appearance of natural topographic features by means of landform
grading so as to blend man-made or manufactured slopes into the
natural topography.
3
Planning Commission Resolution No. 2006-04
(g) The preservation of natural features and appearances through
restrictions on successive padding and terracing of building sites.
The proposed map is not the type of project that would tend to utilize
successive padding and terracing of building sites. The project is
located within a gated community that has a General Plan land use
designation of Rural Residential which prescribes minimum lot sizes
atone acre and with a maximum of one dwelling unit per acre. The
zoning designation as prescribe in Zone Change 2005-03 for this
project also requires minimum lot sizes of one acre with a maximum of
one dwelling unit per acre. As such, the proposed map is in
compliance with the General Plan and will be able to accommodate
the applicable development standards of the RR zoning district as well
as development standards set forth in the conditions of approval.
(h) The retention of major natural topographic features, drainage courses,
steep slopes, watershed areas, vernal pools, view corridors, and
scenic vistas.
The EIR (SCH No. 2003059 902) has been prepared for the proposed
project and has analyzed visual impacts, scenic resources, drainage
courses, watershed areas, steep slopes and vernal pools. Although
the project site is currently undeveloped vacant land, it does not
contain any unique aesthetic features or scenic resources.
Topographic features and slopes have been addressed above in
Finding (0 and with mitigation measures from the Mitigation
Monitoring Program that will be incorporated into the proposed
project, it is anticipated that the environmental impacts related to
topographic features and slopes will be mitigated to a level of less
than significant.
Pursuant to the EIR, the proposed project site lies within the "Los
Angeles -San Gabriel' Hydrology Unit and is in the San Gabriel River
watershed boundaries. The watershed originates in the San Gabriel
Mountains and eventually water discharges into the Pacific Ocean.
For the project site, a drainage plan was prepared. The project site,
as undeveloped land, does not contain any existing drainage facilities.
Storm water currently drains into an un -named tributary of Tonner
Canyon Creek. Off-site areas and manufactured slopes within the
footprint of the project site would be routed via brow ditches to the
southern project boundary. After construction of the project, storm
water runoff from the site would continue to drain into Tonner Canyon
Creek. Therefore, the existing drainage pattern would not be
substantially altered. Additionally, vernal pools are not related to the
proposed project.
4
Planning Commission Resolution No. 2006-04
According to the EIR, prominent visual characteristics of the project
site are the natural landscape features, including the undeveloped
hillside and the natural vegetation within the project boundaries.
There are no exceptional or unique aesthetic features orscenic vistas
present within the project boundaries. Only existing homes adjacent
to the project site or on adjacent ridgelines have views of the project
site. With the incorporation of mitigation measure such as: using
landform grading techniques in order to minimize the visual impacts to
the natural topography and maintain the look of natural slopes to the
maximum extent; revegetation of manufacture slopes on the project
site with natural and drought tolerant plant material; and the planting
of vegetation associated with the future new homes will contribute to
the visual continuity of the project site with the surrounding
environment. As a result, aesthetic and visual impacts associated with
the proposed project will be less than significant.
(i} The preservation and enhancement of prominent landmark features,
significant ridgeline, natural rock outcropping, protected trees and
woodlands (Chapter 22.28, Tree Preservation and Protection), and
other areas of special natural beauty;
The preservation and enhancement of prominent landmark features
and significant ridgeline is addressed in the above referenced
Findings (t) and (h). According to the EIR, natural rock outcroppings
do not exist at the project site.
According to the EIR, focused surveys were prepared for native trees
and special status plants/vegetation. The potential significance of
environmental impacts on biological resources has been assessed.
The proposed project will impact 7.94 acres of oak woodland and 5.20
acres of walnut woodland. It is estimated that approximately 348
coast live oak and 250 scrub oak and 279 southern California black
walnut trees will be impacted by this project. The EIR concluded that
with the implementation of mitigation measures as prescribed in the
Mitigation Monitoring Program summarized as follows, it is anticipated
that the proposed map and cumulative biological resources impacts
would be reduced to a leve/ less than significant. The applicant will
implement the mitigation plan, as approved by the City and according
to the guidelines and performance standards of the plan.
The mitigation measures are as follows:
A combination of on-site or off-site preservation, enhancement,
and/or restoration at no less than a 1:1 acreage ratio;
5
Planning Commission Resolution No. 2006-04
■ Native free protection at a 3:1 ratio to replace 348 coast live
oak trees, 250 scrub oak and 279 California black walnuts;
■ Biological monitoring;.
■ Obtain appropriate permits from California Department of Fish
and Game, U.S. Fish and Wildlife Services, U.S. Army Corps
of Engineers and State Water Resources Control Board;
■ Lighting plan reviewed and approved by the City
demonstrating that lighting from the project will be directed
away from natural open space areas.
■ Develop a planting schedule which requires planting to occur
in late fall early winterbetween October 30, to January 30; and
■ Lighting plan reviewed and approved by the City demonstrating
that lighting from the project will be directed away from natural
open space areas.
Ij) The utilization of varying setbacks,. building heights, foundation design
and compatible building forms, materials, and colors which serve to
blend buildings into the terrain.
The proposed map will cause the eventual development of 48 custom
single-family homes. The homes will be required to comply with
development standards set forth by conditions of approval within this
resolution that relate to setbacks, building height and the location of
accessory structures. Additionally, future homes will be required to
obtain approval through the City's Development Review process.
Colors and material will be required to be compatible with other
homes in the surrounding area. Furthermore, the City's Design
Guidelines will also apply to the development of future homes.
Foundation design will be required to comply with the California
Uniform Building Code.
(k) The utilization of clustered sites and buildings on more gently sloping
terrain so as to reduce grading alterations on steeper slopes.
As referenced above in Finding (g), the proposed map is not the type
of project that would tend to utilize clustering of sites and building due
to the General Plan land use designation and proposed zoning district
which is in compliance with the General Plan. The project is located
within a gated community that has a General Plan land use
designation of Rural Residential which prescribes minimum lot sizes
at one acre and with a maximum of one dwelling unit per acre. The
zoning designation as prescribe in Zone Change 2005-03 for this
project also requires minimum lot sizes of one acre with a maximum of
one dwelling unit per acre. As such, the proposed map is in
compliance with the General Plan and will be able to accommodate
the applicable development standards of the RR zoning district as well
6
Planning Commission Resolution No. 2006-04
as development standards set forth in the conditions of approval.
Furthermore, Finding (f) referenced above, discusses grading
alterations on slopes.
(I) The utilization of building designs, locations, and arrangements, which
serve to avoid a continuous intrusive Skyline effect and which afford a
few privacy and protection;
At this time, the construction of residential units is not part of the
application request. The future development will be required to obtain
approval through the City's Development Review process and comply
with the City's Design Guidelines and comply with development
standards set forth in this resolution. This process analyzes building
designs, locations, and arrangements, privacy and protection.
{m) The preservation and introduction of plant materials are to protect
slopes from soil erosion and slippage and minimize the visual effect of
grading and construction and hillside area.
Grading will create manufactured slopes at a 2:1 (horizontal to vertical)
ratio utilizing a landform grading technique. As a result, manufactured
slopes will have characteristics resembling slopes created by nature.
Round -off cut edges will be utilized to conform to the natural grade.
Proper transitioning to natural slopes will be achieved through the use
of irregular curvilinear shapes that will blend into the adjoining
topography. Revegetation of the manufactured slopes will be applied
in patterns which occur in nature, thereby minimizing the visual effect
of grading. The revegetafion will be accomplished with suitable plant
material requiring minimal cultivation and irrigation in order to thrive,
thereby fostering slope stability and minimizing the potential for
erosion.
(n) The utilization of street designs and improvements which serve to
minimize grading alterations and harmonize with the natural contours
and character of the hillside.
The proposed project is located directly south of Rocky Trail Road
and Alamo Heights Drive and west of Horizon Lane. The project
proposes two streets, identified as Streets "A" and `B" and the
extension of Alamo Heights that will be the main access to the project
site. However, the applicant will be required to improve and extend
Alamo Heights Drive to align with and be compatible with approved
Vesting Tract Parcel Map No.53670. All improvements and the
extension of Alamo Heights Drive will be constructed to the
satisfaction of the City Engineer.
7
Planning Commission Resolution No. 2006-04
Variance
(o) There are special circumstances applicable to the property
(e.g., location, shape, size, surroundings, topography, or other
conditions), so that the strict application of the City's Development
Code denies the property owner privileges enjoyed by other property
owners in the vicinity and under identical zoning districts or creates an
unnecessary and non -self created, hardship or unreasonable
regulation which makes it obviously impractical to require compliance
with the development standards.
In accordance to Development Code Section 22.52.020, an
application for a Variance may be filed and considered in order to
increase retaining walls heights from the allowed six feet depending
on topography constraints. The applicant proposes retaining walls
throughout the project site due to the topography of the site and
grading activities related to cut and tills that are needed to prepare the
site for 48 lots with buildable pads, streets and access points.
Several of the proposed grading walls are in excess of the maximum
allowed exposed height of six feet.
The retaining walls in excess of the allowed six foot height are as
follows:
Lot 31
The applicant is required to provide a five foot wide planter area
located adjacent to the pad and the first retaining wall and landscape
the planting areas to reduce the visual and aesthetic impact from
Street "A" and Lot 39.
Lots 25 and 26
The wall shall be designed as two walls, thereby reducing the height
of each wall with planting areas between the walls to reduce the
visual impact.
Lot A
The retaining walls proposed for the trail easement/maintenance road
will remain at the 10 foot height. These walls vary in their linear
design and will not create a tunnel effect (i.e., walls on both sides of
the trail) and their impact can be reduced by the plant material.
The retaining wall proposed along Alamo Heights for the purpose of
constructing the road is needed due to elevations of existing lots that
have rear property lines at Alamo Heights and to align with and be
compatible with the extension of Alamo Heights that will serve
approved Vesting Tentative Tract Map No. 53670 (Yeh/five lot
8
Planning Commission Resolution No. 2006-04
subdivision). The applicant has a 40 foot easement to grade and
construct this retaining wall. However, the applicant is working with
the owners of Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482 and Lot 96
of Tract 30578 in order to gain an additional 50 foot easement. The
additional 50 feet will eliminate the proposed retaining wall and in its
place will be a landscaped 2:1 slope adjacent to Alamo Heights. The
slope will be planted and maintained by the applicant and eventually
by the homeowners association of the proposed map. In the event,
that the applicant does not gain the additional 50 foot easement, this
retaining wall will be designed and constructed as two walls with
landscape area between the walls.
All retaining walls proposed on Lots 25 and 26, Lot "A" and on the
west side of Alamo Heights will be constructed from Architectural
Shotcrete with pockets that will contain plant material and irrigation.
The Shotcrete has a natural rock appearance and the pockets of plant
material will enhance that natural appearance. All other retaining
walls will be constructed from decorative material such as split face
block.
(p) Granting the Variance is necessary for the preservation and
enjoyment of substantial property rights possessed by other property
owners in the same vicinity and zoning districts and denied to the
property owner for which the Variance is sought.
As referenced above in Item (1), granting the Variance is necessary for
the preservation and enjoyment of substantial property rights
possessed by other property owners in the same vicinity and zoning
districts and denied to the property owner for which the Variance is
sought due to the constraint of the project site caused by topography
as described in Finding (1) above.
(q) Granting the Variance is consistent with the General Plan and any
applicable specific plan.
Due to the constraints of the project site related to topography and an
increase in wall heights will allow the applicant to develop the project
site with buildable pads, service road/trail easement and the
extension of Alamo Heights which is the main access to the project
site. Therefore, granting the Variance will be consistent with the
General Plan. The project area does not have a specific plan.
(r) The proposed entitlement would not be detrimental to the public
interest, health, safety, convenience, or welfare of the City.
9
Planning Commission Resolution No. 2006-04
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolutions
for this project, landscaping requirements for screening the walls
along with Architectural Shotcrete for wall construction and the
Building and Safety Division, Public Works Department, and Fire
Department requirements. The referenced agencies through the
permit and inspection process will ensure that the proposed project is
not detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
(s) The proposed entitlement has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The Planning Commission hereby finds that the project identified
above in this Resolution required an Environmental Impact Report
(EIR). EIR No. 2004-01 (SCH No. 200305102) has been prepared
according to the requirements of the California Environmental Quality
Act (CEQA) and guidelines promulgated thereunder. The 45 day
public review period for the EIR began August 20, 2004, and ended
October 4, 2004. Furthermore, the Planning Commission has
reviewed the EIR and related documents in reference to the
Application.
Tree Permit
(t) Preservation of the tree is not feasible and would compromise the
property owner's reasonable use and enjoyment of property or
surrounding land and appropriate mitigation measures will be
implemented in compliance with Section 22.38.130 (Tree
Replacement/Relocation Standards
According to the EIR prepared for the project site, focused surveys
were prepared for native trees and special status plants/vegetation.
The potential significance of environmental impacts on biological
resources has been assessed. The proposed project will impact 7.94
acres of oak woodland and 5.20 acres of walnut woodland. It is
estimated that approximately 348 coast live oak and 250 scrub oak
and 279 southern California black walnut trees will be impacted by
this project. The EIR concluded that with the implementation of
mitigation measures as prescribed in the Mitigation Monitoring
Program summarized as follows, it is anticipated that the proposed
map and cumulative biological resources impacts would be reduced to
a level less than significant.
10
Planning Commission Resolution No_ 2006-04
The site for off-site mitigation will be determined in
coordination with the project applicant, the City and resource
agencies;
A combination of on-site or off-site preservation, enhancement,
and/or restoration at no less than a 1:1 acreage ratio;
■ Native tree protection at a 3:1 ratio to replace 348 coast live
oak trees, 250 scrub oak and 279 California black walnuts;
■ Biological monitoring;
■ Obtain appropriate permits from California Department of Fish
and Game, U.S. Fish and Wildlife Services, U.S. Army Corps
of Engineers and State Water Resources Control Board,
■ Lighting plan reviewed and approved by the City
demonstrating that lighting from the project will be directed
away from natural open space areas; and
■ Develop a planting schedule which requires planting to occur
in late fall early winter between October 30, to January 30;
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council certify the
Environmental Impact Report (SCH No. 2003051102) and recommends that
the City Council approve TTM 53430 and the Mitigation Monitoring Program
subject to the following conditions and Standard Conditions attached and
referenced herein:
a. GENERAL
(1) This approval shall be null and void and of no affect unless the
EIR (SCH #2003052202) is certified, and Tentative Tract Map
No. 53430, the Mitigation Monitoring Program and Zone
Change No. 2005-03, Conditional Use Permit No. 2002-01,
Variance No. 2005-03 and Tree Permit No. 2005-10 are
approved. This approval is valid for three years. Two
extensions of time, one year each may be approved pursuant
to Development Code Section 22.66.
b. SITE DEVELOPMENT
(1) Walls/retaining walls located on Lots 25 and 26, Lot 31
(secondary access/Rocky Trail Road), Lot "A" trail and
maintenance easement and on the west side of Alamo Heights
shall be constructed from Architectural Shotcrete with irrigated
pockets in the wall for plant material. Plant material shall be
the kind that cascades down the wall. Prior to final map
approval, applicant shall provide a retaining wall plan
delineating the irrigation and species, quantity and size of the
plant material. Trees shall be a minimum 15 gallon size and
11
Planning Commission Resolution No. 2006-04
planted eight feet on center. Shrubs shall be a minimum
5 gallon size and planted three feet on center. All
land scapinglirrigation plans shall be reviewed and approved by
the Community Development Director.
(2) All other walls shall be constructed from decorative material
such as split face block, etc., to the satisfaction of the Director.
(3) The retaining walls on Lots 25 and 26 adjacent to Street "B"
shall be designed as two retaining walls, thereby reducing the
height of each wall, with a planter area between the walls.
Prior to final map approval, applicant shall provide a plan
delineating two retaining walls with planter, irrigation, species,
quantity and size of the plant material. Trees shall be a
minimum 15 gallon size and planted eight feet on center.
Shrubs shall be a minimum 5 gallon size and planted three feet
on center. All landscaping/irrigation plans shall be reviewed
and approved by the Community Development Director.
(4) Two retaining walls 10 feet high for Lot 31: Provide a five foot
wide planter area adjacent to the pad and the first retaining
wall, and heavily landscape the five foot planter area adjacent
to the pad and the planting areas between the walls to reduce
the visual and aesthetic impact from Street "A° and Lot 31.
Prior to final map approval, applicant shall provide a plan
delineating the two retaining walls with planter areas, irrigation,
species, quantity and size of the plant material. Trees shall be
a minimum 15 gallon size and planted eight feet on center.
Shrubs shall be a minimum five gallon size and planted three
feet on center. All land scapinglirrigation plans shall be
reviewed and approved by the Planning Division.
(5) Retaining walls on the following Lots shall not exceed the
exposed height as delineated in Exhibit "A" as follows:
Lots 13, 14, 15, and 16
Lots 27, 28, 29, 42 and 43
Lot A
Maximum exposed height —
10 feet
Maximum exposed height --
5 feet
Maximum exposed height —
10 feet
(6) A trail is located within the project site. Prior to final map, the
applicant shall submit a detailed plan indicating trail width,
maximum slopes, physical conditions, drainage, weed control
and trail surface constructed from decomposed granite in
12
Planning Commission Resolution No. 2006-04
accordance with City Master Trail Plan for the Parks and
Recreation Directors review and approval.
(7) Prior to final map approval, applicant shall make a "good -faith"
effort to obtain an additional 50 foot wide off-site grading
easement across Lots 4, 5, 6, 7, 8, 9, and 10 of Tract 32482
and Lot 96 of Tract 30578 which have rear properties adjacent
to Alamo Heights Drive. The applicant shall provide written
permission to the satisfaction of the City Engineer from the
property owners of said lots affected by the off-site grading. If
the 50 foot wide easement is obtained, applicant shall provide
irrigation and landscaping for the 50 wide foot easement on
said lots and existing 40 foot wide easement adjacent to Alamo
Heights Drive for a total of approximately 90 feet wide.
Applicant shall maintain this 90 foot easement until the
responsibility becomes part of the homeowners association. If
the applicant is unable to get the additional off-site grading
easement from any one of the above mentioned lots of
Tracts 32482 and 30578, the applicant shall submit plans with
alternative design delineating retaining walls not to exceed a
maximum exposed height of 15 feet subject to the Community
Development Director's review and approval prior to final map.
(8) if the extension of Alamo Heights Drive necessitates a
retaining wall on the east side of the street, the applicant shall
bear full cost of the retaining wall and may be required to
obtain permission from the owner of VTTM 53670. Prior to
final map approval, the applicant shall submit written
permission to the Public Works/Engineering Department. Any
retaining walls along the east side of Alamo Heights Drive shall
not be taller than six feet. Prior to final map approval,
design/construction plans for the walls and landscape/irrigation
plans for the planter areas shall be reviewed and approved by
the Public Works/Engineering Department, Building and Safety
Division and Planning Division
(9) Applicant of TTM 53430 and owner of VTTM 53670 shall enter
into a shared cost/reimbursement agreement to the center line
of the street for the future extension of Alamo Heights Drive
and utilities which will serve both tracts. This agreement may
include the maintenance of retaining walls with planter areas
and landscaping located on the east side of Alamo Heights
Drive. Prior to final map approval, said agreement shall be
submitted to the City Public Works/Engineering Department
and City Attorney for review and approval.
13
Planning Commission Resolution No. 2006-04
(10) Prior to final map approval, applicant shall submit a
landscape/irrigation plan for the grading easement (s) adjacent
to Alamo Heights Drive for the Community Development
Director's review and approval. Trees shall be a minimum
15 gallon size and planted eight feet on center. Shrubs shall
be a minimum five gallon size and planted three feet on center.
(11). The applicant/owner of TTM 53430 and VTTM 53670 shall
work in "good faith" together to balance the grading on-site for
the extension of Alamo Heights Drive and grading for
development.
(12). Applicant shall install wrought iron fencing/gate at the access
point of the Los Angeles County's maintenance road located
adjacent to Alamo Heights Drive.
C. STREET IMPROVEMENT
(1) Prior to final map recordation, the applicant shall submit plans
delineating the improvement and extension of Alamo Heights
Drive for the Public Works/Engineering Department review and
approval. The improvement and extension shall align with and
be compatible with Vesting Tract Parcel Map No.53670. The
improvement and extension of Alamo Heights Drive shall be
completed prior to final inspection of grading activities.
(2) Emergency secondary access from Rocky Trail Road into the
project area and the access road to the sanitary lift station
shall be constructed in accordance with the Fire Department
requirements and to the satisfaction of the Public
Works/Engineering Department. Prior to final map approval,
the applicant shall submit plans delineating the design of the
secondary access and roads to the sanitary lift station to the
Public Works/Engineering Department for review and approval.
Said plans shall include landscaping/irrigation at the terminus
of Rocky Trail Road for the secondary access.
(3) Cul-de-sac in accordance with all applicable City standards
shall be constructed at the terminus of Rocky Trail Road.
d. GRADING
(1) As noted in the reports by Neblett and Associates, significant
additional investigation and analysis of the development shall
be required as the project proceeds. The findings of that
14
Planning Commission Resolution No. 2006-04
investigation could result in changes to the recommended
remedial grading, the establishment of building setback zones
not currently recommended, and changes to other
recommendations within the existing reports. The investigation
shall include a detailed subsurface investigation to more
accurately evaluate the geotechnical conditions for each slope
onsite and shall particularly focus on the edge conditions of the
tract as noted in the response report by Neblett and
Associates. In addition, the investigation shall include
additional laboratory testing of soil samples collected to further
evaluate site conditions and engineering properties of the earth
materials, including the strength parameters used in the slope
stability analysis and deep fill settlement calculations.
(2) All buttress back -cuts and remedial grading shall be final
designed to be contained within the tract boundaries unless an
offsite easement is executed by an adjacent landowner.
Remedial grading limits, buttress keys and back -cuts, etc.,
shall be placed on the final 40 -scale grading plan to indicate
final soil disturbance limits prior to approval of grading plan
submittal of final tract map approval, whichever comes first.
(3) Any identified geologic hazard locations within the tentative
map boundaries which cannot be eliminated as approved by
the City Engineer shall be shown on the final map and
delineated as "Restricted Use Area." The owner shall dedicate
to the City the right to prohibit the erection of buildings or other
structures within such restricted use areas shown on the final
map.
(4) Concurrently with the precise grading plan check, the debris
basin access road surfaces shall be approved by both the Los
Angeles County Fire Department and Los Angeles County
Public Works.
(5) The applicant shall provide gates at the debris access roads to
prevent access to non -maintenance personnel.
e. FIRE DEPARTMENT
(1) Access shall comply with Section 902 of the Fire Code, which
requires all weather access. All weather access may require
paving.
(2) Fire Department access shall b e extended to within 150 feet
distance of any interior portion of all structures.
15
Planning Commission Resolution No. 2006-04
(3) Where driveways extend further than 300 feet and are of
single access design, turnarounds suitable for fire protection
equipment use shall be provided and shown on the final map.
Turnarounds shall be designed, constructed and maintained to
insure their integrity for Fire Department use. Where
topography dictates, turnarounds shall be installed, tested and
extended over 150 feet in length.
(4) Private driveways shall be indicated on the final map as
"Private Driveway and Fire Lane" with the widths clearly
depicted and shall be maintained in accordance with the Fire
Code. All required fire hydrants shall be installed, tested and
accepted prior to construction.
(5) This property is located within the area described by the Fire
Department a Very High Fire Hazard Severity Zone" (formerly
Fire Zone 4). A Fuel Modification Plan shall be submitted and
approved prior to final map approval. (Contact Fuel
Modification Unit, Fire Station #32, 605 North Angeleno
Avenue, Azusa, CA 91702-2904, phone # 626-969-5205).
(6) Provide water mains, fire hydrants and fire flows as required by
the County of Los Angeles Fire Department, for all land shown
on map which shall be required.
(7) Applicant shall provide fire flow for public fire hydrants at this
location at 1250`'gallons per minute at 20 psi for duration of
2 hours, over and above maximum daily domestic demand.
Provide one hydrant flowing simultaneously, one of which shall
be the furthest from the public water source.
(8) Twelve fire hydrants shall be Installed by the applicant as
required by the Fire Department.
(9) All hydrants shall measure 6" x 4" x 2 '/2" brass or bronze,
conforming to current AWWA standard C503 or approval
equal. All on-site hydrants shall be installed a minimum of 25
feet from a structure or protected by a two hour rated firewall.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
16
Planning Commission Resolution No. 2006-04
(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
to: Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd.,
Suite 850, Los Angeles, CA 90010
APPROVED AND ADOPTED THIS 10TH DAY OF JANUARY 2006, BY THE
PLANNING COMMISPIQN OF THE CITY OF DIAMOND BAR.
BY: C v
J . _ cManus, Chairman
I, Nancy.Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission
of the City of Diamond Bar, at a regular meeting of the Planning Commission held
on the 10th day of January 2006, by the following vote:
AYES: Commissioner:
NOES: Commissioner:
ABSENT: Commissioner:
ABSTAIN: Commissioner:
VIC Low, Lee, Torng, Chair McManus
None
Nolan
None
ATTEST:
-Z6F
Nancy Fong, , cretary
17
Planning Commission Resolution No. 2006-04
(DEVELOPMENT)
Project #: TTM NO. 53430, Zone Change No. 2005-03, Conditional Use Permit
No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10
Subject: 48 Lot Residential Subdivision
Applicant: Millenium Diamond Road Partners, LLC
Location: Directly south of Rocky Trail Road and Alamo Heights Drive west of
Horizon Lane
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Tentative Map No. 53430 (TTM 53430) brought
within the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made a party
of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the
City defendants. The City shall promptly notify the applicant of any
18
Planning Commission Resolution No. 2006-04
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
2. Applicant shall include signed copies of the Planning Commission
Resolutions of Approval Nos. 2006-01, 2006-02 and 2006-03 Standard
Conditions, and all environmental mitigations on the plans (full size). The
sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
3. Revised site (such as but not limited to site plan, elevations
landscape/irrigation plans, grading plans, etc.) incorporating all Conditions of
Approval shall be submitted by the applicant for Planning Division review and
approval prior to final map, grading permit issuance and plan check
submittal.
4. Notwithstanding any previous subsection of the resolution, the Department of
Fish and Game requires payment of the fee pursuant to Section 711.4 of that
Fish and Game Code. Said payment shall be made by the applicant to the
city within five days of this approval.
5. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
6. Approval of this project shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
7. All site, grading, landscape, irrigation, and street improvement plans shall be
coordinated for consistency prior to issuance of any permits (such as
grading, tree removal, encroachment, building, etc.,) or prior to final map
approval in the case of a custom lot subdivision, or approved use has
commenced, whichever comes first.
8. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
B. FEESIDEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety and Public Works/Engineering Department and
Mitigation Monitoring, etc.) at the established rates, prior to final map
approval, issuance of building or grading permit (whichever comes first), as
required by the City. School fees shall be paid prior to the issuance of
building permit. In addition, the applicant shall pay all remaining prorated
19
Planning Commission Resolution No. 2006-04
City project review and processing fees prior to the map's recordation or
issuance of building permit, whichever come first.
2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of
dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32.
3. Prior to any public hearing or final map approval, all deposit accounts for the
processing of this project shall have no deficits.
4. Notwithstanding any previous subsection of the resolution, the Department of
Fish and Game requires payment of the fee pursuant to Section 711.4 of that
Fish and Game Code. Said payment shall be made by the applicant to the
city with in five days of this grant's approval.
C. TIME LIMITS
This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed within 15 days of approval of this
map, at the City of Diamond Bar Community and Development Services
Department/Planning Division an Affidavit of Acceptance stating that they are
aware of it agreed to accept all the conditions of this approval. Further, this
approval shall not be effective until the applicant pays all remaining Planning
Division fees.
2. This approval is valid for three years. An extension of time may be
requested in writing and shall only be considered if submittal to the City no
less than 60 days prior to approval expiration's date.
D. SITE DEVELOPMENT
The project site shall be developed in substantial conformance with
TTM 53430, except as conditions herein, and as conditioned in Zone Change
No. 2005-03, Conditional Use Permit No. 2002-01, Variance No. 2005-03
and Tree Permit No. 2005-10 submitted to and recommended for approval
by the Planning Commission to the City Council collectively attached hereto
as Exhibit "A" -subdivision map, Exhibit "C" -Statement of Overriding
Consideration, Exhibit "D" -Mitigation Monitoring Program dated December 6,
2005, and Environmental Impact Report (SCH No. 2003051102) dated
August 17, 2005, and Update information for VTTM 63430 Environmental
Impact Report dated October 13, 2005, as modified herein.
2. The Mitigation Monitoring Program outlined in Environmental Impact Report
(SCH No. 2003051102) (EIR) and approved by the City shall be
implemented, complied with and completed within five years. The mitigation
monitoring fees shall be deposited with the City, 90 days prior to the
issuance of a grading permit. All costs related to the ongoing monitoring shall
20
Planning Commission Resolution No. 2006-04
be secured from the applicant and received by the City prior to the approval
of the final map.
3. Proposed future custom single-family residential units shall comply with the
City's Development Review process.
4. Prior to final map recordation or prior to grading permit issuance (which ever
occurs first), the applicant shall negotiate to annex into "The Country Estates"
Homeowners Association. If annexation occurs, each lot of TTM 53430 shall
be subject to "The Country Estates" Covenant, the Conditions and
Restrictions (CC&R's).
5. A Home Owner's Association (HOA) shall be formed. The HOA shall have
Conditions and Restrictions (CC&R's) that are compatible with the "The
Country Estates" Homeowners Association CC&R's. The CC&R's and
Articles of Incorporation of the homeowners association are subject to the
approval of the Planning and Public Works/Engineering Department and the
City Attorney. The CC&Rs shall be recorded concurrently with the Final Map
or prior to the issuance of any City permits, whichever occurs first. A
recorded copy shall be provided to the City Engineer. The homeowners
association shall submit to the Planning Division a list of the name and
address of the officers on or before January 1 of each and every year and
whenever said information changes.
6. Prior to the issuance of any City permits, the Applicant shall complete and
record a "Covenant and Agreement to Maintain a Single -Family Residence"
on a form to be provided by the City. The covenant shall be completed and
recorded with the Los Angeles County Recorders Office.
7. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of
Incorporation of the Homeowners' Association are subject to the approval of
the Planning and Engineering Divisions and the City Attorney. They shall be
recorded concurrently with the Final Map or prior to the issuance of building
permits, whichever occurs first. A recorded copy shall be provided to the City
Engineer. The Homeowners' Association shall submit to the Planning
Division a list of the name and address of their officers on or before
January 1 of each and every year and when ever said information changes.
8. Prior to the final map recordation or issuance of building permit, whichever
come first, the application shall provide the City with a "Buyer's Awareness
Package." for the City's review and approval. The "Buyer's Awareness
Package" shall include, but is not limited to, information pertaining to
geological issues regarding the property, wildlife corridors, oak and walnut
trees, natural vegetation preservation issues, maintenance program for
urban pollutant basins, fuel modification, all mitigation measures within the
Mitigation Monitoring Program and Exhibit "A" which delineates each lot's
21
Planning Commission Resolution No, 2006-04
building envelope, explanatory information pertaining to restrictions on the
use of properties as necessary, and similar related matters. The applicant
shall give each buyer a copy of the "Buyer's Awareness Package" and shall
document their receipt of the same in the escrow instructions of each lot and
document their receipt to the City.
9. Applicant, through the "Buyer's Awareness Program" shall segregate green
waste for reuse as specified under the City's Source Reduction Recycling
Element, and County Sanitation District's waste division policies.
10. All single-family residential units shall be required to obtain Development
Review approval. Additionally, single-family residential dwelling units shall
use the following development standards:
(a) Front yard setback minimum 30 feet from front property line;
(b) Side yard setbacks minimum 10 and 15 feet from the edge of the
buildable pad or side property lines, whichever is applicable;
(c) Distance between single-family residential dwelling units shall be a
minimum of 40 feet;
(d) Rear yard setback minimum 25 feet from the edge of the buildable
pad or rear property line, whichever is applicable; and
(e) Buildable pad coverage with structures shall not exceed 30 percent;
(f) Accessory structures shall utilize setback distances from the edge of
pad or property line whichever is applicable and be consistent with the
Rural Residential zoning district at the time of permit issuance; and
(g) Each custom home shall have a unique and individualistic
architectural style that truly reflects a custom designed home. The
design elements shall stay true to the architectural style.
11. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
12. Prior to final map approval or issuance of building permit, whichever come
first, street names shall be submitted for City review and approval. Street
names shall not duplicate existing streets within the City of Diamond Bar's
postal service zip code areas.
13. All building numbers and individual units shall be identified in a clear and
concise manner, including proper illumination. House numbering plans shall
be submitted to and approved by the City Engineer prior to issuance of
building permits.
22
Planning Commission Resolution No. 2006-04
14. All lighting fixtures adjacent to interior property lines shall be approved by the
Planning Division as to type, orientation and height.
E. LANDSCAPE, PRESERVED AND PROTECTED TREES
Prior to final map approval, a detailed landscape and irrigation plans shall be
prepared by a licensed landscape architect and submitted to the Planning
Division for review and approval.
2. Prior to final map approval, a fuel modification plan for landscape/irrigation
prepared by a registered landscape architect shall be submitted for Planning
Division review and approval. Prior to final map approval, a fuel modification
plan for landscape/irrigation prepared by a registered landscape architect
shall be submitted for Planning Division review and approval.
3. Prior to the issuance of a grading permit or the initiation of any activity that
involves the removal/disturbance of oak and walnut woodland habitat, the
applicant shall develop a detail oak and walnut woodland mitigation plan in
accordance with the EIR's Mitigation Program and submit the plan to the
Planning Division for review and approval. Mitigation shall include on site
and/or offsite preservation and or restoration at no less than 1:1 acreage
ratio. The native trees protected under the City's tree preservation and
protection standards require a minimum replacement ratio of 3:1. It is
estimated that 348 coast live oak, 250 scrub oak and 270 southern California
black walnuts will be removed by the project's development, totaling to 868
trees. However, mitigation offsite shall be in accordance with the
requirements and approval of the California Department of f=ish and Game.
If in -lieu fees are utilized for a part of or all mitigation, this mitigation method
shall also be in accordance with the requirements and approval of the
California Department of Fish and Game and the City of Diamond Bar.
4. Prior to the issuance of any City permits, the applicant shall submit a
revegetation landscape plan and irrigation plan for slopes within the project
site for the City's review and approval. Said slope shall be landscaped at the
completion of grading activities. All slope planting and irrigation and
revegetation areas shall be continuously maintained in a healthy and thriving
condition by the developer until each individual unit is sold and occupied by
the buyer. Prior to releasing occupancy for the units, an inspection shall be
conducted by the Planning Division to determine that the vegetation is in
satisfactory condition.
P. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
granted herein. The removal of all trash, debris, and refuse, whether during
23
Planning commission Resolution No. 2006-04
or subsequent to construction shall be done only by the property owner,
applicant or by a duly permitted waste contractor, who has been authorized
by the City to provide collection, transportation, and disposal of solid waste
from residential, commercial, construction, and industrial areas within the
City. It shall be the applicant's obligation to insure that the waste contractor
utilized has obtained permits from the City of Diamond Bar to provide such
services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
3. If no centralized trash receptacles are provided, all trash pick-ups shall be for
individual units with all receptacles shielded from public view.
APPLICANT SHALL CONTACT THE ENGINEERINGIPUBLIC WORKS DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
A detailed plan indicating trail widths, maximum slopes, physical conditions,
fencing, and weed control, in accordance with City Master Trail drawings,
shall be submitted for review and approval prior to approval and recordation
of the Final Tract Map and prior to approval of street improvement and
grading plans. Developer shall upgrade and construct all trails, including
fencing and drainage devices, in conjunction with street improvements.
2. The applicant shall obtain a permit from the Los Angeles County Public
Works Department for work within its right-of-way or connection to its
facilities.
3. Any existing easement for open space, utilities, riding and hiking trials shall
be relocated and/or grading performed, as necessary, to provide, for the
portion within the project site, practical access for the intended use.
4. Prior to final map approval and when final map is submitted for plan check, a
title report/guarantee showing all fee owners, interest holders, and nature of
interest shall be submitted. An updated title report/guarantee and subdivision
guarantee shall be submitted ten (10) business days prior to final map
approval.
5. Prior to final map approval, written certification that all utility services and any
other service related to the site shall be available to serve the proposed
project and shall be submitted to the City. Such letters shall be issued by the
24
Planning Commission Resolution No. 2006-04
district, utility and cable television company, within ninety (90) days prior to
final map approval.
6. Prior to final map approval, applicant shall submit to the City Engineer the
detail cost estimates for bonding purposes of all public improvements.
7. Prior to final map approval, if any public or private improvements required as
part of this map have not been completed by applicant and accepted by the
City, applicant shall enter into a subdivision agreement with the City and shall
post the appropriate security.
8. Prior to final map approval all site grading, landscaping, irrigation, street,
sewer and storm drain improvement plans shall be approved by the City
Engineer, surety shall be posted, and an agreement executed guaranteeing
completion of all public and private improvements.
9. Prior to issuance of grading permits, surety shall be posted and an
agreement executed guaranteeing completion of all drainage facilities
necessary for dewatering all parcels to the satisfaction of the City Engineer.
10. Any details or notes which may be inconsistent with requirement or
ordinances, general conditions or approval, or City policies shall be
specifically approved in other conditions or ordinance requirements are
modified to those shown on the tentative parcel map upon approval by the
Advisory agency.
11. All identified geologic hazards within the tentative tract map boundaries
which cannot be eliminated as approved by the City Engineer shall be
indicated on the final map as "Restricted Use Area" subject to geologic
hazard. The applicant shall dedicate to the City the right to prohibit the
erection of buildings or other structures within such restricted use areas
shown on the final map.
12. Easements for disposal of drainage water onto or over adjacent parcels shall
be delineated and shown on the final map, as approved by the City Engineer.
13. Prior to finalization of any development phase, sufficient street, sewer, and
drainage improvements shall be completed beyond the phase boundaries to
assure secondary access, proper outfall for sewers and drainage protection
to the satisfaction of the City Engineer. Phase boundaries shall correspond
to lot lines shown on the final map.
14. Applicant shall label and delineate on the final map any private drives. or fire
lanes to the satisfaction of the City Engineer.
25
Planning Commission RescUion No. 2006-04
15. Easements, satisfactory to the City Engineer and the utility companies, for
public utility and public services purposes shall be offered and shown on the
final map for dedication to the City.
16. After the final map records, applicant shall submit to the Public
Works/Engineering Department, at no cost to the City, a full size reproducible
copy of the recorded map. Final approval of the public improvements shall
not be given until the copy of the recorded map is received by the
Engineering Division.
17. Prior to occupancy, the applicant shall provide to the City as built myiars,
stamped by appropriate individuals certifying the plan for all improvements at
no cost to the City.
18. All improvements for the subject tract shall be coordinated with any existing
or proposed maps including Tract Map 53670.
19. Applicant shall contribute funds to a separate engineering trust deposit
against which charges can be made by the City or its representatives for
services rendered. Charges shall be on an hourly basis and shall include
any City administrative costs.
20. Applicant shall provide digitized information in an Auto CADD format defined
by the City for all related plans, at no cost to the City.
21. All activities/improvements proposed for this map shall be wholly contained
within the boundaries of the map. Should any off-site activities/improvements
be required, approval shall be obtained by the applicant from the affected
property owner and the City as required by the City Engineer.
22. Applicant shall submit document(s) from Diamond Bar Country Estates
Association indicating the project will have proper/adequate right -of -entry to
the subject site.
B. GRADING
1. No grading or any staging or construction shall be performed prior to final
map approval by the City Council and map recordation. All pertinent
improvement plans shall be approved by the City Engineer prior to final map
approval by the City Council.
2. Retaining wall design and calculations shall be submitted to the Building and
Safety Division for review and approval concurrently with the grading plan
check.
26
Planning Commission Resolution No. 2006-04
3. Exterior grading and construction activities and the transportation of
equipment and materials and operation of heavy grading equipment shall be
limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through
Saturday. Dust generated by grading and construction activities shall be
reduced by watering the soil prior to and during the activities and in
accordance with South Coast Air Quality Management District Rule 402 and
Rule 403. Reclaimed water shall be utilized whenever possible. Additionally,.
all construction equipment shall be properly muffled to reduce noise levels.
4. All equipment staging areas shall be located on the project site and shall be
approved by the Public Works/Engineering Department. Staging area,
including material stockpile and equipment storage area, shall be enclosed
within a 6 foot -high chain link fence. All access points in the defense shall be
locked whenever the construction site is not supervised.
5. Precise grading plans for each lot shall be submitted to the Community and
Development Services Department/Planning Division for approval prior to
issuance of building permits. (This may be on an incremental or composite
basis).
6. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices. The maximum grade of driveways serving
building pad areas shall be 15 percent.
7. At the time of submittal of the 40 -scale grading plan for plan check, a
detailed soils and geology report shall be submitted to the City Engineer for
approval. Said report shall be prepared by a qualified engineer and/or
geologist licensed by the State of California. Prior to the issuance of a
grading permit, the report shall address, but not be limited to the following:
a. Stability analyses of daylight shear keys with a 1:1 projection from
daylight to slide plane; a projection plane shall have a safety factor of
1.5.
b. All soils and geotechnical constraints (i.e., landslides, shear key
envelopes. Restricted use areas and structural setbacks shall be
considered and delineated prior to recordation of the final map.
C. Soil remediation measures shall be designed for a "worst case"
geologic interpretation subject to verification in the field during
grading.
d. The extent of any remedial grading into natural areas shall be clearly
defined on the grading plans.
e. Areas of potential for debris flow shall be defined and proper remedial
measures implemented as approved by the City Engineer.
27
Planning Commission Resolution No. 2006-04
f. Gross stability of all fill slopes shall be analyzed as part of
geotechnical report, including remedial fill that replaces natural slope.
g. Stability of all proposed slopes shall be confirmed by analysis as
approved by the City Engineer.
h. All geologic data including landslides and exploratory excavations
must be shown on a consolidated geotechnical map using the 40 -
scale final grading plan as a base.
i. All geotechnical and soils related findings and recommendations shall
be reviewed and approved by the City Engineer prior to issuance of
any grading permits and recordation of the final map.
8. Prior to issuance of grading permits, storm drain improvement plans shall be
approved by the City Engineer and Los Angeles County and surety shall be
posted and an agreement executed guaranteeing completion of all drainage
facilities to the satisfaction of the City Engineer.
9. Final grading plans shall be designed in compliance with the
recommendations of the final detailed soils and engineering geology reports.
All remedial earthwork specified in the final report shall be incorporated into
the grading plans. Final grading plans shall be signed and stamped by a
California registered Civil Engineer, registered Geotechnical Engineer and
registered Engineering Geologist and approved by the City Engineer.
10. A Standard Urban Stormwater Management Plan (SUSMP) conforming to
City Ordinance is required to be incorporated into the grading plan and
approved by the City Engineer. The applicant shall incorporate Structural or
Treatment Control Best Management Practices for storm water runoff into
the grading plans for construction and post -construction activities
respectively.
11. All slopes shall be seeded per landscape plan and/or fuel modification plan
with native grasses or planted with ground cover, shrubs, and trees for
erosion control upon completion of grading or some other alternative method
of erosion control shall be completed to the satisfaction of the City Engineer
and a permanent irrigation system shall be installed.
12. Prior to the issuance of any City permits, the applicant shall submit an
erosion control plan which shall be approved by the City Engineer. The
erosion control plan shall be made in accordance to the City's NPDES
requirements.
13. Prior to the issuance of any City permits, the applicant shall submit a
stockpile plan showing the proposed location for stockpile for grading export
materials, and the route of transport for the City Engineer's review and
approval
28
Planning Commission Resolution No. 2006-04
14. Applicant shall prepare a horizontal control plan and submit concurrently with
the grading plan for review and approval.
15. Prior to the issuance of building permits, a pre -construction meeting shall be
held at the project site with the grading contractor, applicant, and city grading
inspector at least 48 hours prior to commencing grading operations.
16. Applicant shall submit rough Grade certifications by project soils engineer
prior to issuance of building permits for the foundations of structures.
Retaining wall permits may be issued without a rough grade certificate.
17. Applicant shall submit final grade certifications by project soils and civil
engineers to the Public Works/Engineering Department prior to the issuance
of any project final inspections/certificate of occupancy.
C. DRAINAGE
All terrace drains and drainage channels shall be constructed in muted earth
tones, native rock or as required by the Director so as not to impart adverse
visual impacts. Terrace drains shall follow landform slope configuration and
shall not be placed in an exposed positions. All down drains shall be hidden
in swales diagonally or curvilinear across a slope face.
2. All drainage improvements necessary for dewatering and protecting the
subdivided properties shall be installed prior to issuance of building permits,
for construction upon any parcel that may be subject to drainage flows
entering, leaving, or within a parcel relative to which a building permit is
requested.
3. Prior to placement of any dredged or fill material into any U.S.G.S. blue line
stream bed, a 404 permit shall be obtained from the Army Corps of
Engineers and an agreement with the California Department of Fish and
Game shall be obtained and submitted to the City Engineer.
4 Storm drainage facilities shall be constructed within the street right-of-way or
in easements satisfactory to the City Engineer and the Los Angeles County
Flood Control Districts. All storm drain facilities plans shall be plan checked
by the County of Los Angeles and all fees required shall be paid by the
applicant.
5. A final drainage study and final drainage/storm drain pian in a 24" x 36" sheet
format shall be submitted to and approved by the City Engineer and Los
Angeles Public Works Department prior to grading permit. All drainage
facilities shall be designed and constructed as required by the City Engineer
and in accordance with County of Los Angeles Standards. Private (and
29
Planning Commission Resolution No. 2006-04
future) easements for storm drain purposes shall be offered and shown on
the final map for dedication to the City.
6. Prior to the issuance of a grading permit, the applicant shall submit a
complete hydrology and hydraulic study which shall be prepared by a Civil
Engineer registered in the State of California to the satisfaction of the City
Engineer and. Los Angeles Public Works Department.
7. Prior to the issuance of a grading permit, the applicant shall submit a final
drainage study and final drainage/storm drain plan in a 24" x 36" sheet
format to be reviewed and approved by the City Engineer and Los Angeles
Public Works Department. All drainage facilities shall be designed and
constructed as required by the City Engineer and in accordance with County
of Los Angeles Standards. Private (and future) easements for storm drain
purposes shall be offered and shown on the final map for dedication to the
City.
8. Prior to the issuance of a grading permit, a comprehensive maintenance
plan/program shall be submitted by the applicant concurrently with the storm
drain plans to the Public Works/Engineering Department for review and
approval by the City Engineer.
9. All identified flood hazard locations within the tentative map boundaries
which cannot be eliminated as approved by the City Engineer shall be shown
on the final map and delineated as "Flood Hazard Area."
D. STREET IMPROVEMENT
1. The applicant shall replace and record any centerline ties and monuments
that are removed as part of this construction with the Los Angeles County
Public Works Survey Division.
2. Prior to the issuance of any City permits, the applicant shall provide written
permission to the satisfaction of the City from any property owners which will
be affected by offsite grading.
3. Street improvement plans in a 24" x 36" sheet format, prepared by a
registered Civil Engineer, shall be submitted to and approved by the City
Engineer. Streets shall not exceed a maximum slope of 12 percent.
4. New street centerline monuments shall be set at the intersections of two or
more streets, intersections of streets with tract boundaries and to mark the
beginning and ending of curves or the points of intersection of tangents
thereof. Survey notes showing the ties between all monuments set and four
(4) durable reference points for each shall be submitted to the City Engineer
30 '
Planning Commission Resolution No. 2006-04
for approval in accordance with City Standards, prior to issuance of
Certificate of Occupancy.
5. The design and construction of private street improvements shall be set to
City and County standards and designed to a design speed of 35 mph.
6. Priorto building occupancy, applicant shall construct base and pavement for
all streets in accordance with soils report prepared by a California registered
soils engineer and approved by the City Engineer or as otherwise directed by
the City Engineer.
7. Prior the issuance of any City permits, the applicant shall install street signs
at all intersections within the tract per Public Works/Engineering Department
requirement.
8. Prior to issuance of building permits, a house numbering plans shall be
submitted to the Public Works/ Engineering Department for review and
approved and each lot shall be identified by the approved address.
9. All building numbers and individual units shall be identified in a clear and
concise manner, including proper illumination.
E. UTILITIES
Prior to final map recordation, easements, satisfactory to the City Engineer
and the utility companies, for public utility and public services purposes shall
be offered and shown on the detailed site plan for dedication to the City.
2. Prior to final map approval, a water system with appurtenant facilities to
serve all lots/parcels in the land division designed to the Walnut Valley Water
District (WVWD) specifications shall be provided and approved by the City
Engineer. The system shall include fire hydrants of the type and location as
determined by the Los Angeles County Fire Department. The water mains
shall be sized to accommodate the total domestic and fire flows to the
satisfaction of the City Engineer, WVWD and Fire Department,
3. Prior to final map approval, the applicant shall construct or enter into an
improvement agreement with the City guaranteeing construction of the
necessary improvements to the existing water system according to Walnut
Valley Water District (WVWD) specifications to accommodate the total
domestic and fire flows as may be required by the City Engineer, WVWD and
Fire Department.
4. Prior to final map, the applicant shall submit to the City written certification
from all utility companies (i.e., water, phone electric, gas and cable TV, etc.,)
and any other service related to the site shall be available to serve the
31
Planning Commission Resolution No. 2006-04
proposed project. Such letters shall be submitted within ninety (90) days prior
issuance of grading permits.
5. Prior to recordation of final map, applicant shall provide separate
underground utility services to each parcel per Section 21.30 of Title 21 of
the City Code, including water, gas, electric power, telephone and cable TV,
in accordance with the respective utility company standards. Easements
required by the utility companies shall be approved by the City Engineer.
6. Applicant shall relocate and underground any existing on-site utilities to the
satisfaction of the City Engineer and the respective utility owner.
7. Underground utilities shall not be constructed within the drip line of any
mature tree except as approved by a registered arborist.
F. SEWERS
Prior to final map approval, the applicant shall submit a sanitary sewer area
study to the City and County Engineer to verify that capacity is available in
the sewerage system to be used as the outfall for the sewers in this land
division. If the system is found to be of insufficient capacity, the problem shall
be resolved to the satisfaction of the City and County Engineer.
2. Each dwelling unit shall be served by a separate sewer lateral which shall not
cross any other lot lines. The sanitary sewer system serving the tract shall be
connected to the City or District sewer system. Said system shall be of the
size, grade and depth approved by the City Engineer, County Sanitation
District and Los Angeles County Public Works Department and surety shall
be provided and an agreement executed prior to approval of the final map.
3. Applicant shall obtain connection permit(s) from the City and County
Sanitation District prior to issuance of building permits. The area within the
tentative map boundaries shall be annexed into the County Consolidated
Sewer Maintenance District and appropriate easements for all sewer main
and trunk lines shall be shown on the final map and offered for dedication on
the final map.
4. Applicant, at applicant's sole cost and expense, shall construct the sewer
system in accordance with the City, Los Angeles County Public Works
Department and County Sanitation District Standards prior to occupancy.
G. TRAFFIC MITIGATIONS
All traffic mitigations shall be implemented and constructed in accordance
with the Traffic Report dated December 2003 prepared by TranSolutions and
32
Planning Commission Resolution No. 2006-04
conditions of project approval for the TTM 53430 prior to issuance of the
certificate of occupancy.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Retaining wall design and calculations shall be submitted to the Building and
Safety division for review and approval concurrently with the grading plan
check.
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE
PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Emergency access shall be provided, maintaining free and clear, a minimum
28 foot at all times during construction in accordance with Fire Department
requirements.
2. Prior to the issuance of any building permits for combustible construction,
evidence shall be submitted to the Fire Department that temporary water
supply for fire protection is available pending completion of the required fire
protection system.
3. All required fire hydrants shall be installed and tested and accepted prior to
construction. Vehicular access must be provided and maintained serviceable
throughout construction.
4. Prior to the issuance of a grading permit, the applicant shall submit a fuel
modification plan, landscape/irrigation plan prepared by a registered
landscape architect to the Fire Department for review and approval.
5. Prior to recordation, the final map shall comply with all Fire Department
requirements.
33
Planning Commission Resolution No. 2006-04